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Study On The Investigation Of Crime Of Infringing Upon Intellectual Propetry

Posted on:2013-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ZhangFull Text:PDF
GTID:2246330371479563Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the development of the economy, the value of the intellectual propertyrights is prominent, and IPR (intellectual property right) infringement crime is gettingrampant. As we all know, products of “made in China” are all over the world. Manypeople think that our country is becoming “the manufacturing factory” or our countryhas become the “the manufacturing factory” already. But at the same time, in manyChinese and foreign consumers’ eyes, the words-“made in China” is a synonym forfake and shoddy.By the invigorating of the behavior of Market economy, many new things arederivative (IPR infringement crime for example). In recent years, the IPR protectionwork progressed rapidly. The introduction of the criminal legislative interpretationand the criminal judicial interpretation played a positive role for the IPR protectionwork. But to curb such crimes, we can not only rely on the improvement of the rules.Many problems in the process of the implementation of the rules lead to a variety offorms of the IPR infringement crime. A factor that causes high incidence of this kindof crime is weakness of the investigative work of the public security organs.Therefore, how to improve the efficiency of the investigation of public securityorgans, and perform the responsibilities of the fight against crime has become asubject of great practical significance. In this article, I am going to guide the detectivework practice by the criminology theory.Apart from the part of introduction, there are four parts in this article:In the first part, with the definition of the crime in criminal law, we can definethe concept and the feature of the IPR infringement crime. And then we canunderstand this kind of crime in so many perspectives. Based on the research above,we can know the inadequacies of the investigative work of the IPR infringementcrime. In the second part, from the perspective of Criminology author Analysis onelements of IPR infringement crime. Firstly, I described the basic concepts ofoffender and criminal behavior as well as the significance. Secondly, I analyze on theoffender of IPR infringement crime, including its occupational characteristics;industry characteristics and the relationship with the victim. Through the summary ofthe characteristics of criminal behavior, I analyze on the criminal behavior, and thenfind the corresponding activities of law. In this process, I strive to achieve the organiccombination of theory and practice to reflect the practical features of the investigativestudy.In the third part, based on the research above, proceeding from the practiceinvestigation work, author carries out a detailed study of the investigation of the casesof IPR infringement crime. Firstly, based on the constituent elements of criminal lawof the IPR infringement crime, I think that IPR infringement crime evidence shouldbe collected on the investigation stage. Secondly, from the macro-level, I introduce todetective countermeasures of IPR infringement crime cases. Thirdly, In case of illegalmanufacture, sale of illegal manufacture of registered trademarks crime, I give adetailed explanation of the investigation of IPR infringement crime cases from themicro-level, to guide to the investigative practice.In the fourth part, I give a proposal to improve the investigation of the IPRinfringement crime. In this part, based on detective work practice, I research on thehot issues from the perspective of a combination of theory and practice. And then Igive some proposals to make sure that the investigation of practice work can beexecuted easily.
Keywords/Search Tags:Intellectual Property, Crime, Cases, The Investigation
PDF Full Text Request
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